Caddo Mills City Zoning Code
§ 24
DESCRIPTIONS/DEFINITIONS OF USES.
24.1
Residential Uses.
24.1.1
Boarding or Rooming House.
A building, other than a hotel or multiple-family dwelling, where lodging is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms. Facilities usually referred to as "bed-and-breakfast" arrangements are included in this definition.
24.1.2
Bungalow Court.
A style of small housing development which features several small, usually detached houses arranged around a central garden or yard.
24.1.3
Dormitory.
A building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel, or rooming house. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one (1) such apartment unit for each fifty (50) students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The dormitory may include facilities such as a commissary and/or snack bar, lounge, and study area, dining halls, and accessory kitchen, recreation facilities, and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.
24.1.4
Duplex.
A building designed for occupancy by two (2) individuals or families living independently of each other within separate units which have a common wall and are under one (1) roof.
24.1.5
Guest House.
Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having kitchen facilities and not rented or otherwise used as a separate dwelling.
24.1.6
Manufactured Housing, HUD-Code.
A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. All references in this ordinance to manufactured housing or manufactured home(s) shall be references to HUD-Code Manufactured Housing, unless otherwise specified.
24.1.7
Manufactured Home Park.
Any tract of land under single ownership of not less than one (1) acre and not more than ten (10) acres approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the City of Caddo Mills relating to the location, use, construction, operation, or maintenance of manufactured housing.
24.1.8
Manufactured Home Subdivision.
A tract of land of not less than two (2) acres which has been finally platted of record in its entirety in accordance with the subdivision regulations of the City for occupancy primarily by HUD-Code manufactured housing and industrialized housing.
24.1.9
Mobile Home.
A structure constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
24.1.10
Motel, Motor Hotel, or Motor Lodge.
A building or group of buildings designed for and occupied as a temporary dwelling place, providing four (4) or more room units for compensation. Units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. A motel, motor hotel, or motor lodge may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.
24.1.11
Multiple-Family Residence.
Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units.
24.1.12
Residence Hotel.
A multi-dwelling unit extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long-term occupancy. Customary hotel services such as linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting rooms, club houses and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined in this ordinance.
24.1.13
Retirement Housing.
A development providing dwelling units specifically designed for the needs of ambulatory or retired persons. The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:
a)
cafeteria and/or dining room
b)
library
c)
game room
d)
swimming pool and/or Jacuzzi
e)
exercise room
f)
arts and crafts facilities
g)
greenhouse
h)
housekeeping service
i)
transportation service
j)
snack bar with a maximum of 350 square feet per 100 dwelling units
k)
Beauty/barber shop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units
l)
Convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of food items, nonprescription drugs, small household items, and gifts.
24.1.14
Servant's, Caretaker's, or Guards' Residence.
An accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one kitchen and at least one bathroom facility and used as living quarters for a person or persons employed on the premises for not less than fifty percent (50%) of his/her actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such quarters shall not exceed six hundred (600) square feet.
24.1.15
Single-Family Dwelling, Attached.
A dwelling that is part of a structure containing two (2) dwellings, each designed and constructed for occupancy by one family, with both dwelling units attached by a common wall to another with a minimum length of attachment of twenty (20) feet, in which each dwelling is located on a separate platted lot.
24.1.16
Single-Family Dwelling, Detached.
A detached building designed exclusively for occupancy by one (1) family, excluding manufactured housing and modular homes.
24.1.17
Townhouse or Row Dwelling.
One of a series of not less than three (3) nor more than six (6) attached dwelling units under common roof with common exterior wall, each designed and constructed for occupancy by one family, and separated from one another by single partition walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit.
24.1.18
Travel Trailer Park.
Any tract of land under single ownership, two (2) acres or more, where accommodations are provided for travel trailer use.
24.1.19
Zero Lot Line House.
A residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows, or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code.
24.2
Educational, Institutional, and Special Uses.
24.2.1
Child-Care Center.
An establishment where four (4) or more children are provided care, training, education, custody, treatment, or supervision for less than 24 hours a day. The term "child-care center" shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school[.] (Also see Registered Child-Care Home.)
24.2.2
Church, Rectory, or Place of Worship.
A building for regular assembly for religious worship which is used primarily for such purpose and customary accessory activities including a place of residence for ministers, priests, rabbis, teachers, or directors on the premises.
24.2.3
Civic Center.
A building or complex of buildings that houses municipal offices and services and which may include cultural, convention and/or entertainment facilities owned and/or operated by a governmental agency.
24.2.4
College or University.
An institution established for educational purposes offering courses of study beyond the secondary education level but excluding trade and commercial schools.
24.2.5
Community Center, Public.
A building or buildings dedicated to social and/or recreational activities, serving the city or a neighborhood and owned and operated by the city or by a nonprofit organization dedicated to promoting the health, safety, morals, or general welfare of the city.
24.2.6
Community Center, Private.
A building or buildings dedicated to social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit.
24.2.7
Community Home.
A community-based residential home operated by either the State of Texas, a nonprofit corporation, a community center organized pursuant to State statute, or an entity which is certified by the State as a provider for a program for the mentally retarded. Community homes provide care for persons who have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a community home, a home must meet the following requirements:
24.2.8
Continuing Care Facility.
A place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act in which a person provides board and lodging, together with personal care services and nursing services, medical services, or other health-related services, regardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or for a period of more than one (1) year, such individual or individuals being cared for not being related by consanguinity or affinity to the person providing the care. (Also see Household Care Facility and Personal Care Home.)
24.2.9
Country Club (Private).
Land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.
24.2.10
Exhibition Area.
An area or space either outside or within a building for the display of topic-specific goods or information.
24.2.11
Fairgrounds.
An area where outdoor fairs, circuses or exhibitions are held.
24.2.12
Farm, Ranch, or Orchard.
An area of five (5) acres or more which is used for growing of usual farms products and/or raising of usual farm products and animals and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. Farm, ranch, or orchard use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noise, or vibrations or be otherwise detrimental to the public welfare.
24.2.13
Fraternal Organization, Lodge, or Civic Club.
An organized group having a restricted membership and specific purpose related to the welfare of the members.
24.2.14
Golf Course.
An area of twenty (20) acres or more improved with trees, greens, fairways, hazards and which may include clubhouses.
24.2.15
Greenhouse or Plant Nursery, Commercial.
A place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold wholesale, including related storage of equipment for landscape contracting.
24.2.16
Greenhouse, Noncommercial.
A building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.
24.2.17
Hospital (Chronic and Acute Care); Long-Term Health Care Facility.
An institution providing both inpatient health, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury and disease or to injured patients who need medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas.
24.2.18
Household Care Facility.
A dwelling unit which provides residence and care to not more than nine (9) persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster, or financial adversity; living together with no more than two supervisory personnel as a single housekeeping unit. (See also Household Care Facility, Personal Care Home and Continuing Care Facility.)
24.2.19
Kennel.
Any lot or premises on which four (4) or more dogs, cats or other domestic animals more than four (4) months of age are housed or accepted for boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received.
24.2.20
Library.
Any institution for the loan or display of books, mixed media, and objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.
24.2.21
Museum or Art Gallery.
An institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.
24.2.22
Nursery School; Kindergarten.
A childcare facility offering a program of four (4) hours or less per day for children who have passed their second birthday but who are under seven years old.
24.2.23
Nursing Home.
See Rest Home or Nursing Home.
24.2.24
Park, Playground, or Recreation Center (Public).
An open recreation facility or park owned and operated by a public agency and available to the general public.
24.2.25
Park, Playground, or Recreation Center (Private).
A privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owner's association, or similar organization.
24.2.26
Personal Care Home (Custodial Care).
An owner-occupied, home-operated non-licensed facility for the elderly providing custodial care to not more than three (3) individuals not related to the provider of such care. Custodial care is that type of care which assists elderly persons who are incapable because of physical or mental limitations of performing routine daily activities and which do not require the continuing attention of trained medical or paramedical personnel. (Also see Continuing Care Facility.)
24.2.27
Racetrack.
A facility used for the racing of motor-driven vehicles and/or animals.
24.2.28
Registered Child-Care Home.
A childcare facility that regularly provides care in the caretaker's own residence for not more than six (6) children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six (6) additional elementary school children, but the total number of children, including the caretaker's own, does not exceed twelve (12) at any given time. (Also see Child-care Center.)
24.2.29
Rehabilitation Care Facility.
A dwelling unit which provides residence and care to not more than four (4) persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.
24.2.30
Rehabilitation Care Institution.
A facility which provides residence and care to five (5) or more persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct together with supervisory personnel.
24.2.31
Rest Home or Nursing Home.
A place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home.
24.2.32
School, Private (Primary or Secondary).
A privately-operated institution of learning having a curriculum equivalent to public schools but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.
24.2.33
School, Public (Primary or Secondary).
An institution under the sponsorship of a public agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of Texas but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.
24.2.34
School, Trade or Commercial.
Establishments, other than public or parochial schools, private primary and secondary schools or colleges, offering training or instruction on a trade, art, or occupation.
24.2.35
Stable, Commercial.
A structure housing horses which are boarded or rented to the public or any stable other than a private stable, but not including a sale barn, auction or similar trading activity.
24.2.36
Stable, Private.
An accessory building set back from adjacent property lines a minimum distance of one hundred (100) feet and used for quartering horses, not to exceed one (1) horse per one acre area of a farm or lot.
24.2.37
Stadium or Playfield, Public.
An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lit for nighttime play.
24.2.38
Swimming Pool, Commercial.
A swimming pool with accessory facilities, part of the facilities being available to the general public for a fee.
24.3
Transportation, Utility and Communications Uses.
24.3.1
Airport, Landing Field.
A place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and/or freight.
24.3.2
Electrical Substation.
A subsidiary station in which electric current is transformed.
24.3.3
Gas Metering Station.
Facility at which natural gas flows are regulated and recorded.
24.3.4
Heliport or Helistop.
A landing facility for rotary wing aircraft which may include fueling or servicing facilities for such craft.
24.3.5
Radio, Television, or Microwave Communications Operators, Amateur.
The transmission, retransmission, or reception of radio, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or financial gain.
24.3.6
Radio, Television, or Microwave Communications Operations, Commercial.
The transmission, retransmission, or reception of radio, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or financial gain.
24.3.7
Railroad Station.
Any premises for the transient parking of trains and the loading and unloading of passengers.
24.3.8
Railroad Team Track and Right-of-Way.
A facility/place for the loading and unloading of materials on trains.
24.3.9
Railroad Track and Right-of-Way.
Includes track and undeveloped right-of-way, but does not include railroad stations, sidings, team tracks, loading facilities, dock yards, or maintenance areas.
24.3.10
Service Yard of Governmental Agency.
An area for the servicing and storage of vehicles or other property of a governmental agency.
24.3.11
Shops, Office, and/or Storage Area of Public or Private Utility.
The pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.
24.3.12
Solid Waste Transfer Station.
A facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.
24.3.13
Telephone Exchange.
A switching or transmitting station owned by a public utility but not including business offices, storage, or repair shops or yards.
24.4
Automobile and Related Service Uses.
24.4.1
Auto Leasing.
Storage and leasing of automobiles, motorcycles, and light load vehicles.
24.4.2
Auto Parts Sales (Inside).
The use of any building or other premises for the display and sale of new or used parts for automobiles, panel trucks, vans, tractor-trailers, or recreational vehicles.
24.4.3
Auto Parts Sales (Outside).
The use of any land area for the display and sale of new or used parts for automobiles, panel trucks, vans, tractor-trailers, or recreation vehicles.
24.4.4
Automobile Repair, Major.
General repair or reconditioning of engines and air-conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under "automobile repair, minor," and other similar uses.
24.4.5
Automobile Repair, Minor.
Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for light load vehicles, but not including any operation named under "automobile repair, major" or any other similar use.
24.4.6
Automobile and Trailer Sales, New.
Building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new automobiles, light trucks, and trailers, to be displayed and sold on-premises, and where no repair work is done except minor reconditioning of the automobiles and trailers to be displayed and sold on the premises, and no dismantling of automobiles or trailers for sale or keeping of used automobile and trailer parts or junk on the premises.
24.4.7
Automobile and Trailer Sales, Used.
Building(s) and associated open area other than a street or required automobile parking space used for the display and sale of used automobiles, light trucks, or trailers in operating condition and where no repair work is done except the minor adjustments of the vehicles to be displayed or sold on the premises. A used car sale area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automobile parts or junk on the premises.
24.4.8
Auto Storage.
The storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution, or storage.
24.4.9
Automobile Wrecking Yard or Junkyard.
Any building, structure, or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale, or dumping of dismounted or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, including the commercial salvaging, storage, and scrapping of any other goods, articles, or merchandise.
24.4.10
Bus Terminal.
Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.
24.4.11
Carwash.
Facility or structure used to wash motorcycles, automobiles, vehicles and trucks.
24.4.12
Gasoline Service Station.
A building or place arranged, designed, used, or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on-premises motor vehicle trade provided that the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator springs, or axles; steam cleaning, body or frame work, painting, upholstering and replacement of glass. If the dispensing or offering for sale of auto fuel at retail is incidental, the premises shall be classified as a public garage. Service stations shall not allow automobiles which are inoperative or are being repaired to remain outside such service stations for a period greater than seven (7) days.
24.4.13
Parking Lot or Parking Garage, Automobile.
Area for parking light load vehicles.
24.4.14
Parking Lot or Parking Garage, Truck.
Area for parking heavy load vehicles.
24.4.15
Quick Oil Change Facility.
A business engaging in the changing of oil, oil filters, and the chassis lubrication of motor vehicles. All new oil shall be dispensed from drums and all old oil shall be kept in sumps until removed by pumper trucks.
24.4.16
Quick Tune-up Facility.
A business engaging in engine adjustment and minor part replacement for motor vehicles, limited to spark plugs, condensers, spark plug wires, distributor caps, distributor points, PVC valves, air cleaners, fan belts and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps, or other major engine parts, brake shoes, or mufflers.
24.4.17
Truck, Bus, and Trailer Leasing.
The rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done. This may also include the display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.
24.4.18
Truck and Bus Repair.
An establishment providing major and minor automobile repair services to heavy load vehicles.
24.4.19
Truck or Motor Freight Terminal.
A building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.
24.4.20
Truck Sales.
Building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new heavy load vehicles, to be displayed and sold on-premises, and where no repair work is done except minor reconditioning of the vehicles to be displayed and sold on the premises, and no dismantling of vehicles for sale or keeping of used vehicle parts or junk on the premises.
24.5
Retail and Service Type Uses.
24.5.1
Alcoholic beverage.
Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
24.5.2
Amusement, Commercial (Indoor).
An establishment providing for activities, services and instruction for the entertainment of customers or members. Uses would typically include bowling alleys, ice- or roller-skating rinks, and bingo parlors, or other such similar uses. This use does not include typical individual or organized exercise or sports-related activities (see Gymnasium).
24.5.3
Amusement, Commercial (Outdoor).
An outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, go-kart tracks and carnivals.
24.5.4
Antique Shop.
A retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sale and storage occurring inside a building.
24.5.5
Applicant.
A person who submits or files an original or renewal application with the city, the county judge, or the Texas Alcoholic Beverage Commission for a license or permit.
24.5.6
Bakery and Confectionery, Retail Sales.
A place for preparing, cooking, baking and selling products on the premises.
24.5.7
Bakery and Confectionery, Commercial.
A place for preparing, cooking or baking of products primarily intended for off-premises distribution.
24.5.8
Bank, Savings and Loan, Credit Union.
An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.
24.5.9
Bar/tavern.
An establishment that derives 75 percent (75%) or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages.
24.5.10
Barbershop or Beauty Shop.
A place where barbering or cosmetology is practiced.
24.5.11
Barber or Beauty School or College.
A specialized place of training for practice of barbering or cosmetology.
24.5.12
Beer.
A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight and does not include a beverage designated by label or otherwise by a name other than beer.
24.5.13
Building Materials, Hardware Sales.
The sale of new building materials and supplied indoors with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which are oriented to the retail customer, rather than contractor or wholesale customer.
24.5.14
Business Service.
Establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee or contract basis including but not limited to advertising agencies, computer programming and software services, and office equipment rental or leasing.
24.5.15
Cabinet and Upholstering Shop.
An establishment used for the production, display and sale of furniture and soft coverings for furniture.
24.5.16
Clinic, Medical or Dental.
A facility designed and used for the examination and treatment of persons seeking medical care as outpatients who do not remain on the premises overnight.
24.5.17
Commission.
The Texas Alcoholic Beverage Commission.
24.5.18
Convenience Store.
A retail establishment providing for the sale of food items, nonprescription drugs, small household items, and gifts. Gasoline and diesel fuel may be offered for sale provided they are not the primary source of income for the store and that no more than six (6) pumps are offered. The maximum size of the establishment will be no more than 2,500 square feet not including storage areas and administrative offices.
24.5.19
Custom Personal Service Shop.
Includes such uses as tailor, shoe repair, health studio, or travel consultant.
24.5.20
Discount, Variety, or Department Store.
A retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.
24.5.21
Feed and Farm Supply Store.
An establishment for the selling of foodstuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.
24.5.22
Flea Market.
A site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.
24.5.23
Florist.
An establishment displaying plants, flowers, floral arrangements and supplies, and similar items for sale.
24.5.24
Food Store, Grocery Store.
An establishment that displays and sells consumable goods that are not to be eaten on the premises. May include consumption of prepared foods on site as an incidental or accessory use.
24.5.25
Furniture, Appliance Store.
Retail stores selling goods used for furnishing the home, including but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances.
24.5.26
Garden Center (Retail Sales).
Location including land and buildings at which plants, trees, shrubs, horticultural supplies, and similar items are displayed for sale to the general public. All such displays shall be located behind the front yard line established in the district in which the garden center is located.
24.5.27
General Merchandise Store.
Retail stores which sell a number of lines of merchandise including but not limited to dry goods apparel and accessories, furniture and home furnishings, small wares, hardware, and food. The stores included in this group are known as department stores, variety stores, general stores, and other similar stores.
24.5.28
Gymnasium.
Facilities operated on a membership-basis for varied exercises, including stationary equipment, instructor-led classes, structured indoor sporting events, and similar activities, plus subsidiary uses to include office, pro shops, locker rooms, sauna, exercise rooms, waiting area, child nursery, and related uses up to a maximum of forty percent (40%) of the total floor area.
24.5.29
Household Appliance Service and Repair.
The maintenance and rehabilitation of appliances customarily used in the home including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, and vacuum cleaners.
24.5.30
Laboratory, Scientific or Research.
Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.
24.5.31
Laundry and Cleaning Self-Service.
An establishment including facilities for laundering and cleaning of clothing and similar items to be operated by the patron, not a commercial laundry or cleaning plant.
24.5.32
Licensee.
A person who is the holder of a license provided in the Texas Alcoholic Beverage Code, as amended, or any agent, servant, or employee of that person.
24.5.33
Liquor.
Any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence that it is liquor.
24.5.34
Liquor (package) store.
A business that sells alcoholic beverages, including liquor as defined herein, for consumption off-premises. For the purposes of this section, the term "liquor store" shall exclude grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this section.
24.5.35
Metal Dealer, Crafted Precious.
A place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects, or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or their alloys, including coins and commemorative medallions, under terms and conditions found in Vernon's Ann. Civ. St., art. 990a.
24.5.36 Mobile food unit ("food truck"): Mobile food unit park ("food truck park"):
Mixed beverage.
One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.
A mobile food unit shall be defined herein as a unit designed to be readily movable and from which food or beverages are prepared and offered for sale. Notwithstanding the use designations listed for mobile food units in Section 23.1, a mobile food unit shall be allowed at any public park owned by the City where the operator has obtained a special events permit for a mobile food unit in accordance with Chapter 4, article 4.02 [article 4.06] of this Code, or where the city has hired a mobile food unit operator for concession services at a public park or city sponsored event. Any reference to "food truck" in this Chapter 14A shall mean mobile food unit.
An area designed to accommodate two (2) or more mobile food units and offering food and/or beverages for sale to the public as the primary use of the property or as a component use of a Mixed Use or Planned Development. Mobile food unit parks must provide a paved or impervious surface for mobile food unit parking, access to refuse collection containers, and restroom facilities. Any reference to "food truck park" in this Chapter 14A shall mean mobile food unit park.
24.5.37
Office Park.
A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper, or candy stand.
24.5.38
Office, Professional or General Administrative.
A room or group of rooms used for the provision of executive management, or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations, and associations but excluding medical offices.
24.5.39
Office — Showroom/Warehouse.
An establishment with a minimum of seventy-five percent (75%) of its total floor area devoted to storage and warehousing is not accessible to the public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.
24.5.40
Off-premises.
Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for off-premises consumption.
24.5.41
On-premises.
Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for on-premises consumption.
24.5.42
Pawnshop.
An establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).
24.5.43
Permittee.
A person who is the holder of a permit provided for in the Texas Alcoholic Beverage Code, as amended, or an agent, servant, or employee of that person.
24.5.44
Person.
A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
24.5.45
Pet Shop.
A retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building.
24.5.46
Plumbing, Heating, Refrigeration, or Air-Conditioning Business.
An establishment primarily engaged in the sales, service, or installation of equipment pertaining to plumbing, heating, refrigeration, or air conditioning.
24.5.47
Portable Building Sales.
An establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes or manufactured housing.
24.5.48
Post Office, Government or Private.
Local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.
24.5.49
Premises.
The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.
24.5.50
Print Shop.
An establishment which reproduces printed or photographic impressions including but not limited to the process of composition, binding, plate making, microform, type casting, press work, and printmaking.
24.5.51
Private school.
A school maintained by private individuals, religious organizations or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors, or to pupils of a certain religion or possessing certain qualifications, and generally supported, in part at least, by tuition, fees, or charges.
24.5.52
Public school.
A school established under the laws of the state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or cities, maintained at the public expense by taxation, and open, usually without charge, to the children of all the residents of the city, city or other district. Schools belonging to the public and established and conducted under public authority.
24.5.53
Restaurant or cafe.
An establishment building or portion of a building, where the primary business is the on-premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered. Said establishment may serve alcohol with a valid Texas Alcoholic Beverage Commission License as long as the establishment derives less than 75 percent of its gross revenues from alcohol sales and includes all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby.
24.5.54
Retail Stores and Shops.
Establishments offering all types of consumer goods for sale, not elsewhere classified, but excluding the display and sale in the open outside a building of new or used automobiles, heavy machinery, building materials, used appliances, furniture, or salvage materials.
24.5.55
Secondhand Store, Furniture or Clothing.
An establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.
24.5.56
Service, Retail.
An establishment engaged in the selling and/or servicing of goods where a minimum of eighty percent (80%) of the floor area is devoted to service, repair or fabrication of such goods. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.
24.5.57
Shopping Center.
A group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.
24.5.58
Specialty Retail and Paraphernalia Sales.
Establishment where the primary use of the building or lease space includes any one or any combination of the following: the sale of cigarette papers, water pipes, or other smoking accessories including but not limited to e-cigarettes, hookah, and vapors, or products that are intended, designed or marketed for use in the smoking or inhaling of any substance, including but not limited to tobacco, salts, incense, marijuana, hashish, hashish oil, or other controlled substances as defined in the Texas Health and Safety Code. This definition shall include head shops. This definition shall not include massage therapy clinics, acupuncture clinics, retail tobacco shops, or cigar shops.
24.5.59
Theater (Outdoor).
An open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles or in outdoor seating arrangements.
24.5.60
Trailer, Manufactured Housing, or Mobile Home Display and Sales.
The offering for sale, storage, or display of trailers, manufactured housing, or mobile homes on a parcel of land but excluding the use of such facilities as dwellings on the premises, either on a temporary or permanent basis.
24.5.61
Video Arcade.
An establishment in which there are located six (6) or more coin-operated skill or pleasure machines.
24.5.62
Wine and vinous liquor.
The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.
24.6
Manufacturing, Storage, and Warehousing Uses.
24.6.1
Bottling Works.
A manufacturing facility designed to place a product into a bottle for distribution.
24.6.2
Dry Cleaning Plant.
An industrial facility where fabrics are cleaned in substantially nonaqueous organic solvents.
24.6.3
General Commercial Plant.
An establishment other than a personal service shop for the treatment and/or processing of products as a service on a for-profit basis including but not limited to newspaper printing, laundry plant, or cleaning and dyeing plant.
24.6.4
General Manufacturing.
Manufacturing of finished products and component products or parts from the transformation, treatment, or processing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls, and other requirements in this ordinance.
24.6.5
Industrial Park.
A large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
24.6.6
Junk or Salvage Yard.
A lot upon which waste, or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes an automobile wrecking yard and automobile parts yard. A "junkyard" does not include such uses conducted entirely within an enclosed building. (Also see Metal Dealer, Secondhand)
24.6.7
Light Manufacturing.
Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
24.6.8
Self-Storage, Mini-Warehouse.
A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units.
24.6.9
Storage or Wholesale Warehouse, Light.
A building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floor space.
24.6.10
Storage or Wholesale Warehouse, Heavy.
A building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.
24.7
Accessory Uses.
24.7.1
Accessory Building or Use.
An accessory building or use is one which: (a) is subordinate to and serves a principal building or principal use; and (b) is subordinate in area, extent, or purpose to the principal building or principal use served; and (c) contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and (d) is located on the same building lot as the principal use served. A portable storage container (also known as a Conex box) or similar movable storage container is not considered an accessory building and may not be used for storage in any residential or special zoning district. See Portable Storage Container.
24.7.2
Carport.
A structure opens on a minimum of three (3) sides designed or used to shelter vehicles, not to exceed thirty-six (36) feet on its longest dimension.
24.7.3
Construction Yard (Temporary).
A storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal and restoration at completion of construction and subject to same restrictions as Field Office.
24.7.4
Field or Sales Office (Temporary).
A building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for "temporary buildings" shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted only by the City Council, any such permits granted may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard. Temporary sales offices shall provide two designated on-site parking spaces.
24.7.5
Garage, Private.
A detached accessory building or portion of the main building for the parking or temporary storage of automobiles of the occupants of the premises.
24.7.6
Home Occupation.
An occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a "residential dwelling" as hereinafter defined, subject to compliance with each of the following conditions:
a)
"Residential dwelling" shall mean a detached building designed, used and occupied exclusively by members of one (1) family as a residence.
b)
Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft, or economic enterprise shall never exceed twenty-five percent (25%) of the total of the floor area of the residential dwelling.
c)
No business sign visible from the public right-of-way shall be allowed for home occupation use.
d)
The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.
e)
No exterior storage of material, equipment, and/or supplies used in conjunction with such occupation, profession, domestic craft, or enterprise shall be placed, permitted, or allowed on the premises occupied by the residential dwelling, except within a screened back or side yard.
f)
No offensive noise, vibration, smoke, dust, odors, heat, or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.
g)
The occupation, profession, domestic craft, or enterprise shall be conducted wholly within the residential dwelling or within a permitted accessory building, so long as the business activity does not create a nuisance to other residents.
h)
The only equipment to be used in such occupation, profession, domestic craft, or enterprise shall be that which is ordinarily used in a private home in a like amount and kind.
i)
A home occupation shall not generate such additional traffic as to create a traffic hazard or disturbance to nearby residents. No more than three customers shall visit the home occupation premises on any single day.
24.7.7
Portable Storage Container.
A container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers (also known as Conex boxes), storage units, or other portable structures that are placed on private property and used for storage of items, including, but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials and merchandise.
24.8
[Reserved]
24.9
[Reserved]
24.10
[Reserved]
24.11
Sale of alcoholic beverages.
A.
Prohibited sales.
The sale of alcoholic beverages is not allowed in areas zoned for residential use, including but not limited to PD planned development districts approved exclusively for residential uses. Except as otherwise specifically allowed by the Texas Alcoholic Beverage Commission or as otherwise provided herein, no alcoholic beverages may be sold within three hundred feet (300') of a church, public school or private school, day-care center, child-care facility, or public hospital. Measurement of such distance shall be in accordance with the terms of this section and the Texas Alcoholic Beverage Code, as amended.
B.
Zoning compliance required.
No permit shall be granted under the terms of this section unless the location at which the business is sought to be established and maintained is a permitted use under the comprehensive zoning ordinance of the city as of or after the effective date thereof.
C.
Business hours.
It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended, including but not limited to chapter 105 of the Texas Alcoholic Beverage Code, as amended.
D.
Compliance required.
Compliance with city codes and ordinances is required for on-premises sale and consumption of alcoholic beverages as follows:
(1)
Alcoholic beverage sales for off-premises consumption (beer & wine only).
A building utilized for the retail sale of beer and/or wine for off-premises consumption only shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances.
(2)
Alcoholic beverage sales for off-premises consumption - liquor (package) store.
The following provisions shall be required for liquor (package) stores:
(a)
A liquor (package) store shall not have walk-up window access, and shall not have drive-through or drive-up access.
(b)
A liquor (package) store shall operate in premises that are not physically completely separate from any other business and the exterior design of the store shall show evidence of coordination with contextual influences of neighboring properties in regard to building setbacks, orientation, and relationship of structures to each other and to the street. The layout of the site shall respect and build upon the arrangement of buildings, open spaces and landscape elements of adjacent sites.
(3)
Alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use.
A restaurant utilized for the retail sale of alcoholic beverages for on-premises consumption shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances.
(4)
Alcoholic beverages for on-premises consumption - bar or tavern.
A bar or tavern shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. The following additional provisions shall be required for bars or taverns:
(a)
A bar or tavern shall not be located closer than 300 feet to any property used exclusively for religious or educational purposes. The method of measurement shall be along the property lines of the street fronts and from front door-to-front door, and in direct line across intersections. A hotel shall not be considered a residential use for the purpose of this section.
(b)
The city council shall have full discretion to approve or deny an SUP application for a bar or tavern and may impose any reasonable condition deemed necessary by the council, including SUP expiration provisions, business name and signage, and change of ownership requirements to ensure community health, safety and welfare in approving a bar or tavern.
E.
Procedures prior to issuance of permit.
Before any certification from the Texas Alcoholic Beverage Commission or other documentation of approval is signed by the city representative, such certificate or documentation shall be submitted to the planning and zoning coordinator to assure:
(1)
That the application complies with all provisions of this and all applicable ordinances;
(2)
That a SUP application is officially filed with the payment of applicable fees;
(3)
That proof is submitted that a representative of the Texas Alcoholic Beverage Commission has approved the submittal of an application for license; and
(4)
That the chief of police/director of public safety has reviewed the SUP application.
F.
Additional development conditions/waivers.
The City Council may attach additional development conditions, or grant specific waivers to applicable code requirements, to the specific use permit that the council, in its discretion, determines are appropriate for buffering, safety, security, and compatibility for and to adjacent properties.
G.
Specific use permit (SUP).
(1)
SUP required.
Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the city without first obtaining a specific use permit to do so from the city. All of the provisions of the specific use permit procedure shall apply as per the city's comprehensive zoning ordinance, as amended. In the event of a conflict between the general regulations governing specific use permits and the provisions contained in this section, the provisions of this section shall control.
(2)
SUP application.
In order for a person to engage in the sale of alcoholic beverages, a formal application for a SUP shall be filed with the planning and zoning coordinator with the appropriate fee established by the city. The planning and zoning coordinator shall process the application by submitting to the planning and zoning commission for their review and recommendation to the city council for approval or disapproval. The city council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic beverages.
H.
Criteria and processing of SUP.
The following general conditions apply to all specific use permits (SUP) allowing the sale of any alcoholic beverages:
(1)
The applicant must design and operate the establishment for which an SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area.
(2)
The applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the city council.
(3)
As required, the applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. The applicant shall maintain accounting records of the sources of its gross revenue and allow the city to inspect such records during reasonable business hours.
(4)
The applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the city.
(5)
The applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the chief of police/director of public safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder.
(6)
The establishment shall provide adequate parking spaces to accommodate its employees and patrons. Provided however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located.
(7)
The applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable city ordinances and state laws.
(8)
Unless specified as a condition of approval by the city council for a SUP, a specific use permit issued for any alcoholic beverage sales under this section shall automatically expire upon a change in use of the property, change of ownership to the property and/or business and/or upon the revocation, termination or expiration of the certificate of occupancy.
(9)
All specific use permits issued under this section shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUPs, as outlined in the comprehensive zoning ordinance, as amended.
I.
Denial of SUP.
The city council may deny an SUP if it affirmatively determines that the issuance of such SUP:
(1)
Is incompatible with the surrounding uses or property; or
(2)
Is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the city and its inhabitants; or
(3)
Is found to be in noncompliance with any city ordinances, including without limitation failure to comply with any one or more of the provisions of this section.
J.
Methods for determining distance measurement.
(1)
Church or public hospital.
The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door-to-front door, and in a direct line across intersections.
(2)
Public or private school.
The measurement of distance between the place of business where alcoholic beverages are sold and a public or private school shall be:
(a)
In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(b)
If the permit or license holder is located on or above the fifth (5th) story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
K.
Exception to distance requirements.
Upon receipt of a request, the planning and zoning commission will consider and make a recommendation to the city council to consider an exception to reduce the distance requirement contained in this section and the city council shall take final action on such recommendation based upon the criteria specified herein below:
(1)
A planning and zoning commission recommendation to reduce the distance requirement and final action of the city council to allow such reduction shall be based upon the following. Upon recommendation by the Planning and Zoning Commission, the city council may allow an exception upon proof by the applicant that he/she meets the following criteria: documented approval from surrounding property owners within the distance requirements for which the exception is sought; proof of preliminary approval from the Texas Alcoholic Beverage Commission; a determination by council that the enforcement of the regulations in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines that the exception is in the best interest of the community.
(2)
The city council shall have the authority to grant an exception under this section for temporary special events after review and recommendation by the planning and zoning commission. For such events, both the planning and zoning commission and the city council shall consider: hours of the event, impact on surrounding area; estimated number of participants; personal and property security; duration and other health, safety and welfare considerations as deemed appropriate and necessary by the city council.
(3)
No exception may be granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet (or 1,000 feet if applicable) of the location of the proposed business or of the proposed location for temporary special event. Such notice must be given not less than ten (10) days before the date set for hearing.
L.
Possession or consumption prohibited in certain areas.
(1)
Athletic fields, parks, cemeteries, or public areas.
It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage in any city-owned or controlled athletic field and all parking lots servicing such athletic fields except as specifically approved by the city council, ordinance, or city council approved policy which governs such conduct. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code in any city-owned or controlled park, including reserved area(s) within any park, playground, recreation center cemetery or any other area in the city-owned or used by the city and devoted to active or passive recreation, including all planted expressways, all parking lots servicing parks and public areas, parkways, triangles, and traffic islands maintained by the city except as specifically approved by the city council, ordinance, or city council approved policy which governs such conduct.
(2)
Schools and school activities.
It shall be unlawful for any person to possess an open container or consume any alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of pre-kindergarten through twelfth grade in the buildings or on the grounds of any public school in the city limits or at any school-related activity conducted within the city limits.
(Ordinance 070924-3 adopted 7/9/2024; Ordinance 100824 adopted 10/8/2024; Ordinance 031125-1 adopted 3/11/2025)